Ferguson v Commonwealth [1943] HCA 9

H. C. or A. Se MELBOURNE,

May 31. Latham C.J., Rich and Starke JJ.

HIGH COURT [1943.

[HIGH COURT OF AUSTRALIA.]

FERGUSON . ' é : : ' 2) PLAINTIRE

AND

THE COMMONWEALTH OF AUSTRALIA . Derenpanr.

Constitutional Law—Defence—National security—Prohibition of advertisements— Validity of regulations—The Constitution (63 & 64 Vict. c. 12), sec. 51 (vt.)— National Security Act 1939-1940 (No. 15 of 1939—No. 44 of 1940), sec. 5 (1}— National Security (Supplementary) Regulations (S.R. 1940 No. 126—1942 No. 500), reg. 83.

Reg. 83 of the National Security (Supplementary) Regulations, which pro- hibits the publication of "any advertisement relating to, or intended to pro- mote the sale of, any goods, which contains any matter . . - relating to —(a) the seasons or days of Christmas, New Year or Easter . . . or (b) Christmas, New Year or Easter gifts, or the practice of giving Christmas, New Year or Easter gifts," is authorized by sec. 5 (1) of the National Security Act 1939-1940, and is within the defence power of the Commonwealth.

DEMURRER. Carlyle Ferguson, the proprietor and publisher of the Guardian

newspaper, a weekly newspaper published in Perth and circulating in the State of Western Australia, brought an action in the High Court of Australia against the Commonwealth claiming a declaration that reg. 83 of the National Security (Supplementary) Regulations (inserted by Statutory Rules 1942 No. 500) was invalid because (a) it was not authorized by any of the provisions of the National Security Act 1939-1940 ; (6) it was not a regulation for securing the public safety or the defence of the Commonwealth or the Territories of the Commonwealth nor were the matters therein prescribed necessary or convenient to be prescribed for the more effectual prosecution of the present war, and/or (¢) it was beyond the legis- lative powers conferred upon the Commonwealth Parliament by the Constitution of the Commonwealth. The defendant demurred to